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Customs and Central Excise Duties Drawback (Amendment) Rules, 1991
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Drawback determination barred where export value is below imported materials value or a notified percentage.
The Amendment inserts a provision that no drawback rate or amount shall be determined for goods if the export value of each such good in the bill of export or shipping bill is less than the value of the imported materials used in its manufacture, or is not more than such percentage of that imported-materials value as the Central Government may specify by notification; "export value" is defined by reference to customs valuation provisions.
Exemption to monofilament falling under sub-heading No. 3916.00 during 1-3-1987 to 31-5-1989
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Excise exemption for monofilament: no duty required where captively consumed in rope manufacture due to established non levy practice.
The Government directs that excise duty and special duty on monofilament (sub heading No. 3916.00) captively consumed in rope manufacture shall not be required to be paid where an established practice resulted in non levy during the specified period; the recognition of that practice is the basis for relief.
Auxiliary duty - Amendment to Notification No. 24/91-Cus.
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Auxiliary duty amendment expands the exemption schedule by inserting a new notification reference, altering exemption coverage.
The Central Government, invoking powers under the Customs Act and the Finance Act and citing public interest, amends Notification No. 24/91 Customs by inserting Serial No. 289 in its Schedule to reference Notification No. 140 Customs dated 22 10 1991, thereby altering the miscellaneous exemption framework for auxiliary duty.
Exemption to specified goods imported for purpose of development of software for export
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Customs duty exemption for imports used in software development for export, subject to licence, bond and export obligations.
Exemption provides customs duty relief on listed goods imported for development of software for export by Software Technology Park/EOU units, subject to licence, customs bond, certification by the Park Society, export of prescribed portion of software, execution of a bond securing export obligations and duty payment for non use, customs procedures, and payment of duties on capital goods and unused inputs on expiry. Domestic physical sale of developed software is permitted with excise duty but not via data links; temporary outward movement for repair or display may be allowed with conditions.
Auxiliary duty - Amendment to Notification No. 24/91-Cus.
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Auxiliary duty amendment inserts a new schedule entry to extend exemption notification coverage under Customs and Finance Act powers.
An amendment to Notification No. 24/91-Customs inserts a new serial entry in the Schedule immediately after Serial No. 287, citing an additional notification for auxiliary-duty/tariff exemption treatment; the Central Government exercises its powers under the Customs Act and the Finance Act to make this textual schedule alteration.
Exemption to specified goods imported for purpose of development of software for export
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Exemption to imported goods for software development permits duty-free import subject to licence, bond, export and usage conditions.
Exemption from customs and additional duties is available for specified capital goods, raw materials, components, spares, consumables, drawings and permitted office equipment imported for development of software for export by units in the Software Technology Park Complex under the Hundred Per Cent Export Oriented Scheme, subject to licence, customs bond, prescribed procedures, use within the Complex, export obligations as fixed by the Standing Committee, certificate of installation/use from the Software Technology Park Society, payment of duties on depreciated or unused items on expiry, and bond-backed liability for non compliance.
Amendment to Notification No. 13/81-Cus. [G.E. No. 127]
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Customs duty equivalence allows payment on imported inputs when excise is not leviable, matching duty as if articles were imported.
The amendment adds that when excise duty on specified articles is not leviable, the obligation may be met by paying customs duty on imported goods used to manufacture those articles in an amount equal to the customs duty leviable on the finished articles as if imported.
Notifies Krishnamurti Foundation India, Madras u/s 10(23C)(iv)
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Tax exemption under section 10(23C)(iv) granted to Krishnamurti Foundation India, subject to application and investment conditions.
Notification under section 10(23C)(iv) recognises Krishnamurti Foundation India, Madras, for the relevant assessment years subject to conditions: income must be applied or accumulated solely for the institution's objects; funds must be invested only in permitted forms (with voluntary contributions held in physical forms excepted); and the notification excludes business income unless the business is incidental and accounted for in separate books.
Notifies Bhagini Samaj, Bombay u/s 10(23C)(iv)
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Income-tax exemption under section 10(23C)(iv) granted subject to exclusive application of income and permitted investment modes.
Notification under sub-clause (iv) of clause (23C) of section 10 notifies Bhagini Samaj, Bombay for the stated assessment years subject to conditions: income must be applied or accumulated wholly and exclusively for the organisation's objects; funds may be invested only in forms permitted by subsection (5) of section 11 (excluding voluntary contributions held as jewellery, furniture, etc.); and the notification does not apply to business income unless the business is incidental to the objectives and separate books are maintained for it.
Notifies All India Pingalwara Society (Regd.), Amritsar u/s 10(23C)(iv)
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Charitable exemption notification: society permitted tax-exempt status subject to exclusive application of income and investment restrictions.
Notification confers charitable tax-exempt status on All India Pingalwara Society for specified assessment years, provided the society applies or accumulates income exclusively for its objectives, limits investments and deposits to permitted modes, and treats business income as non-applicable unless the business is incidental to its objectives with separate books maintained.
Notifies the Squash Rackets Association of Maharashtra, Bombay u/s 10(23)
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Tax exemption under section 10(23) conditions association income use, investment limits, distribution ban, and business accounting.
Notification under section 10(23) qualifies the Squash Rackets Association of Maharashtra for exemption subject to conditions: income must be applied or accumulated exclusively for its objects under the applicable accumulation rules; funds and voluntary contributions must be held or invested only in permitted forms or modes; income must not be distributed to members except as grants to affiliated associations or institutions; and business income is excluded unless incidental to objectives with separate books maintained.
Amendment to Notification No. 10/89-C.E. - Chapter 11
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Exemption narrowed: amendment excludes malt from a general excise exemption, making malt subject to central excise.
The notification amends Notification No. 10/89-Central Excises by substituting the words "all goods," with "all goods, except malt," thereby excluding malt from the miscellaneous exemption under Chapter 11 and placing malt outside the exempted category under the existing tariff notification.
Exemption to all excisable goods when sold in DTA
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Duty exemption for excisable goods: DTA sales from EOUs/FTZs allowed subject to customs-equivalent duty floor and nil-rate exclusion.
Exemption covers excisable goods made in 100% export oriented undertakings or free trade zones and sold in the Domestic Tariff Area, relieving excise to the extent it exceeds an amount calculated by reference to customs duties leviable on like imported goods; a minimum customs-equivalent ad valorem floor or the specified excise duty (whichever is higher) applies, nil customs-rated goods are excepted, and the ad valorem floor is apportioned among component customs duties.
Approved Sawai Mansingh Medical College, Jaipur, Rajasthan u/s 35(1)(ii)
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Approval under section 35: College status granted subject to research accounting and annual reporting requirements.
Approval is granted to Sawai Mansingh Medical College, Jaipur, as a college under clause (ii) of sub section (1) of section 35, subject to conditions: maintain a separate scientific research account; file an annual scientific research return to the Secretary, Department of Scientific and Industrial Research by 31 May; and submit audited annual accounts showing income, expenditure, assets and liabilities to the Director General of Income tax (Exemptions), the Secretary, DSIR, and the local Commissioner/Director of Income tax (Exemptions) by 30 June. Approval is effective 1 April 1991 to 31 March 1992, with instructions for applying for extension.
Customs Valuatioin (Determination of price of Imported Goods) Amendment Rules, 1991
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Customs valuation declaration requirement requires importer to furnish full value details and manufacturer invoices for valuation.
The amendment requires the importer or his agent to furnish a declaration disclosing full and accurate details relating to the value of imported goods and to provide any other statements, information or documents, including the invoice of the manufacturer or producer where goods are imported from or through a person other than the manufacturer, as considered necessary by the proper officer for determination of the value of imported goods under these rules.
Credit of money - Amendment to Notification No. 231/87-C.E.
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Credit rate increase for central excise adjustment after amendment resulting in higher per kilolitre credit entitlement.
The Central Government, exercising powers under the Central Excise Rules, makes a limited amendment to Notification No. 231/87-C.E. by substituting the words and figures quoted in clause (b) of that notification with new words and figures, thereby altering the prescribed per kilolitre credit amount under the original notification.
Approved Indian Council for Research on International Economic Relations, New Delhi u/s 35(1)(iii)
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Approval under section 35(1)(iii) requires separate research accounts, annual return and annual audited accounts submission.
Approval is granted to the Indian Council for Research on International Economic Relations as an Institution for income tax research provisions for 1-4-1991 to 31-3-1992, conditional on maintaining a separate account for scientific research receipts; furnishing an annual return of scientific research activities to the Secretary, Department of Scientific and Industrial Research by 31 May each year; and submitting audited annual accounts showing income, expenditure, assets and liabilities to the Director-General of Income-tax (Exemptions), the Secretary, Department of Scientific and Industrial Research, and the Commissioner/Director of Income-tax (Exemptions) by 30 June each year.
Approved Sri Jayadeva Institute of Cardiology, Victoria Hospital Complex, Bangalore u/s 35(1)(ii)
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Approval under section 35(1)(ii): research institution must maintain separate accounts and submit annual returns and audited accounts.
Approval under section 35(1)(ii) was granted to Sri Jayadeva Institute of Cardiology as an Institution subject to conditions: maintain a separate account for research receipts, furnish an annual return of scientific research activities to the Secretary, Department of Scientific and Industrial Research by the prescribed annual deadline, and submit audited annual accounts showing income, expenditure, assets and liabilities to the Director-General of Income-tax (Exemptions), the Secretary, Department of Scientific and Industrial Research and the local Commissioner/Director of Income-tax (Exemptions) by the stated annual date.
Approved Batra Medical Research Centre, Amira Kadal, Badsha Chowk, Srinagar u/s 35(1)(ii)
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Research Association Approval: entity approved under income-tax law subject to separate research accounts, annual return and audited accounts.
Approval is granted to Batra Medical Research Centre as a research association eligible under clause (ii) of sub-section (1) of section 35, subject to maintaining separate research accounts, filing an annual scientific research return by 31 May, and submitting audited annual accounts showing income, expenditure, assets and liabilities to the Director-General (Exemptions), the central research department secretary and the jurisdictional tax commissioner by 30 June; the approval is time limited and renewal procedures are prescribed.
Approved The Nizam's Institute of Medical Sciences, Panjagutta, Hyderabad u/s 35(1)(ii)
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Approval under section 35(1)(ii) grants university research recognition with reporting, accounting conditions and annual filings required.
Approval under section 35(1)(ii) is granted to The Nizam's Institute of Medical Sciences, Panjagutta, Hyderabad as a university for research purposes for 1-4-1990 to 31-3-1993, subject to maintaining separate research accounts, filing an annual return of scientific research activities by 31st May, and submitting audited annual accounts to the income-tax exemptions authority, the scientific authority, and the local tax commissioner/director by 30th June each year.

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